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APPENDIX——CHANCERY LAWS.
shall be allowed for his services at the rate of thirty shillings
per diem. |
NOV. 1795.
CHAP. 88. |
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NOVEMBER SESSION, 1797.
—
CHAP. XLIII.
An Act for the speedy recovery of Monies levied or received by Sheriffs
and
Collectors. Lib. JG. No. 2, fol. 631. |
Passed Jan. 20, 1798. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in all and every case where the sheriff or collector of any county
within this state shall hereafter levy, and collect or receive, or
ought to levy and collect, any sum or sums of money or tobacco for
the use of any person or persons whatsoever, and shall refuse or neglect
to pay over the same to the person or persons, or to the order
of the person or persons, entitled or authorised to receive the same,
by the time required by law, it shall and may be lawful, and the
several county courts or general court, as the case may be, are
hereby required, upon motion made on behalf of the person or persons
entitled or authorised to receive the money or tobacco levied
and collected as aforesaid, or which ought to be levied and
collected as aforesaid, and on producing to the court before whom
such motion shall be made, a stated account of the demand, supported
by such affidavit or voucher as the court shall reasonably
require, to order a judgment to be entered, and an immediate execution
to issue thereon, against the person or property of such
sheriff or collector, to levy and compel the payment of such sum
of money or tobacco so due and payable; provided, that a copy of
the demand, and notice of such intended motion, be delivered in
writing to such sheriff or collector, or left at his last place of
abode, for the space of twenty days previous to the sitting of the
court at which such application shall be intended, and that proof
thereof to be made to the satisfaction of the court; and provided also,
that if such sheriff or collector shall, in person or by attorney,
controvert the demand, and desire a jury to be impannelled to ascertain
the sum of money really due and payable, the court shall
direct a jury to be immediately impannelled and charged to try
and ascertain an issue, whether the said sheriff or collector be
chargeable with and liable to pay any and what sum or sums of
money or tobacco to the person or persons so claiming and authorised
to receive the same; and the court are hereby empowered and
required, upon such verdict of the jury, to pass judgment against
the said sheriff or collector, upon which there shall be no writ of
error, supersedeas, injunction or appeal, and to award execution
thereon as upon all other cases of judgment had in the said courts.
By 1818, ch. 193, s. 6, the provisions
of this section are extended to the court
of chancery, and the county courts as courts of equity. |
Judgment may be
entered against
any sheriff, &c. |
VOL. IV.
55
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